Orellana Ecuador
The International Federation for Human Rights (FIDH), Ecological Action, Union of Those Affected by Texaco (UDAPT), and members of the Miwaguno indigenous community filed a protective action before the Provincial Court of Justice of Orellana against the oil company PetroOriental SA —a subsidiary of the Chinese transnational corporations China National Petroleum Corporation (CNPC) and China Petrochemical Corporation (SINOPEC)— for the burning and venting of gas in the flares of Block 14 of the Ecuadorian Amazon Region, carried out during oil extraction.
In their lawsuit, the plaintiffs state that the gas leak constitutes a permanent violation of nature and human rights to a healthy and ecologically balanced environment, because it generates greenhouse gas (GHG) emissions that cause air pollution and have direct effects on climate change by altering the carbon cycle and the balance of nature.
In this regard, the plaintiffs requested the Court to order the closure of the flares and to stop the burning and venting of gas within 18 months; likewise, to declare "the violation of the rights of nature by the alteration of the carbon cycles and by the burning of GHGs, and to order reparation to the victims through measures that allow strengthening the agro-food systems and ancestral knowledge to face and recover from the alteration of the ecological balance caused by climate change."
The case was referred to the constitutional judge of the Judicial Unit of Family, Women, Children and Adolescents of Francisco de Orellana, in the Provincial Court of Sucumbíos.
During the constitutional hearing, the plaintiffs reaffirmed that climate change caused by gas flaring and venting has seriously affected their constitutional rights and the rights of nature. They reiterated that they are not demanding that the company "be held responsible for the global effects of climate change," but rather that their "demand for climate justice is clear and direct: to locally assign the defendant company its share of responsibility, so that it helps its neighbors adapt to the loss of an ecologically balanced environment."
For its part, the company's defense argued that the damages alleged by the plaintiffs "have no proof that they are perceptions of the Miwaguno community" and that There is no violation of rights "because the flaring and venting of gases is permitted and regulated... limits have been established precisely to maintain ecological balance" and that the environmental impact limits "have never been exceeded by Petrooriental." Furthermore, the company "already has a plan in place to reduce the use of flares and utilize the gas produced during crude oil extraction, thereby reducing gas consumption and gas emissions into the environment."
Finally, the judgment resolved the following:
[…] since there is no evidence to justify the violation of the right to nature under Article 71 of the Constitution of the Republic of Ecuador, alleged by the plaintiffs against the defendant company Petrooriental, and consequently, no violation of any constitutional right derived therefrom. Therefore, and for the reasons stated above, ADMINISTERING JUSTICE, IN THE NAME OF THE SOVEREIGN PEOPLE OF ECUADOR, AND BY AUTHORITY OF THE CONSTITUTION AND LAWS OF THE REPUBLIC, the present action for protection is denied as inadmissible.
The judgment is final and was sent to the Constitutional Court for selection and review. The legal deadline for the Court to select the case has expired.
In their lawsuit, the plaintiffs state that the burning of gas associated with oil extraction emits GHGs such as carbon dioxide (CO2), methane, soot, nitrous oxide, ozone, and water vapor, which contribute to climate change. The adverse effects of this climate change, such as irregular and unpredictable flooding, changes in plant cycles, loss of effectiveness of ancestral knowledge, droughts, damage to the flora and fauna of the area, and the consequent alteration of natural life cycles, constitute a violation of the constitutional rights of indigenous peoples.
They also argued that "Ecuador, as a signatory to the United Nations Climate Change Convention, assumed responsibilities in the face of the climate crisis before its citizens and the international community," and therefore "protecting the cycles of nature, preventing and mitigating the effects of climate change, is necessary to guarantee the constitutional rights of the inhabitants of the affected communities, and to prevent future violations that could be reproduced in similar circumstances."
The defense in the case, for its part, indicated that
Petrooriental is within the limits established by Ecuadorian regulations to guarantee the vital cycles of nature. There is no evidence of climate change in the community, but rather a perception that may arise from a series of factors. It is not necessarily the emission of gases from the flares; there is no link between the perceived environmental changes and the activity of the three flares in block 14.
- International Federation for Human Rights (FIDH).
- Ecological Action.
- Union of People Affected by Texaco (UDAPT).
- Members of the Miwaguno indigenous community.
- PetroOriental S.A.
Waorani means "humans," they are part of an Ecuadorian indigenous people made up of around 3,000 inhabitants whose territory covers the current provinces of Orellana, Napo and Pastaza.
Originally nomadic, the Waorani are renowned for their extensive knowledge of the rainforest and its diverse flora and fauna. Their economy is based on subsistence farming in temporary gardens, as well as hunting, fishing, and gathering; however, their activities and the natural resources of their territory have been impacted by increasing oil extraction.
Standards
- United Nations Framework Convention on Climate Change.
- Constitution of the Republic of Ecuador.
- Hydrocarbons Law.
Beginning
- Prevention.
- Caution.
- Common and differentiated responsibility.